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Leave It to the Experts: Fourth Circuit Suggests That FCA Extrapolation Is an Evidentiary Issue

Nov.04.2016

On October 26, the Fourth Circuit heard oral arguments in the interlocutory appeal in U.S. ex rel. Michaels v. Agape Senior Cmty. Inc. on whether statistical sampling is an appropriate methodology for establishing liability and damages in FCA cases, during which the court’s comments appeared to indicate that the court views sampling as an evidentiary issue. In an "Expert Analysis" featured in Law360, C&M attorneys discuss the growing trend of statistical sampling in FCA cases and practical considerations for litigating FCA cases when plaintiffs propose the use of sampling.


Associate Mary Kate Healy (not admitted in California) also contributed to this alert.


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Gail D. Zirkelbach
Partner – Los Angeles
Phone: +1 213.443.5549
Email: gzirkelbach@crowell.com
Jason M. Crawford
Associate – Washington, D.C.
Phone: +1 202.624.2562
Email: jcrawford@crowell.com